Home > 1.1.3 Submission of candidatures > KAZAKHSTAN - Constitutional Act On Elections
 
 
 
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Article 59
 

Registration of candidates to President of the Republic of Kazakhstan


1. Registration of candidates to President shall be carried out by the Central Election Commission.


2. A candidate to President before registration and after check of his/her conformity to the requirements of the Constitution and this Constitutional Act as well as after the checks of the collected signatures in his/her support shall deposit on the account of the Central Election Commission an election contribution in the size fifty times exceeding the size of the established by the legislation minimum wage. The election contribution shall be paid back to the candidate if according to the election results the candidate has been elected as the President of the Republic or according to the results of voting the candidate has collected at least five percent of votes of the voters who have taken part in voting as well as in case of a death of a candidate. In all other cases the election contribution shall not be returned and shall be transferred to the republican budget as the state revenue.


Before registration, a candidate and his/her spouse shall submit declarations on income and property to the tax bodies in the place of residence for the first day of the month when the nomination term starts which is established in the order and the form established by the authorized body of the Republic ensuring tax control over fulfillment of tax liabilities before the state.


The authenticity of information about income and property to be declared by a candidate and his/her spouse shall be checked by the tax bodies within fifteen days since the day of registration of a candidate.


In this case, the organizations that have been asked by the tax bodies to provide information about income and property of a candidate and his/her spouse shall be obliged to provide the requested information within four days since the receipt of the request.


3. Any number of candidates to President shall be admitted for the registration.


4. Registration of candidates to President shall begin two months before and shall end forty days before the day of election if other term is not stipulated at the appointment of election.


5. Registration of candidate to President nominated by a public association shall be conducted upon submission of the following documents:


1) extracts of the minutes of the meeting of the supreme body of the public association on nomination of the candidate to President with enclosure of a copy of the document on registration of the given public association in the Ministry of Justice of the Republic;


2) an application on the consent to run for election as the candidate to President;


3) protocols of the territorial election commissions on the results of the check of the authenticity of the collected citizens’ signatures in support to the candidate to President;


4) the biographic data of a candidate;


4-1) (the sub-clause is excluded by the Constitutional Act of RK of 14 April 2004 No.545-II).


4-2) references from the tax body confirming that a candidate and his/her spouse have submitted declarations on income and property.


5) a document confirming that the candidate has deposited election contribution.


6. Registration of the candidate to President in case of self-nomination shall be conducted upon submission of the following documents:


1) an application on the intention to stand for elections of the President of the Republic of Kazakhstan;


2) protocols of territorial election commission on the results of check of the collected signatures of citizens in support to the candidate to President;


3) the biographic data on the candidate;


3-1) (the sub-clause is excluded by the Constitutional Act of RK of 14 April 2004 No.545-II).


3-2) reference from the tax body confirming that the candidate and his/her spouse have submitted declarations on income and property;


4) document certifying that the candidate has deposited the election contribution.


7. The Central Election Commission shall:


1) not later than on the seventh day after registration of candidates to President publish in mass media the announcement on registration with indication of the surname, given names, year of birth, position, place of work and residency of each candidate as well as depending on the candidate’s wish the data on his/her membership in a public association and ethnic origin;


2) issue the candidates the corresponding certificates at registration;


3) refuse in registration or cancel the decision on registration of the candidate in cases of: infringement by a candidate of the rules of nomination, non-submission of the necessary documents for registration;


incompatibility of the candidate to the requirements stipulated by the Constitution and this Constitutional Act;


use by a candidate of the official or professional status for the purposes of electoral campaign;


conduct of electoral campaign before registration of a candidate, on the day of elections or the day preceding Election Day;


establishment by a court of the fact of distribution by a candidate and/or proxies of false information discrediting the honor and dignity of a candidate, discrediting his/her professional reputation;


establishment by the court of the fact of bribing the voters by a candidate and his/her proxies;


in other cases stipulated by this Constitutional Act;


3-1) cancel the decision on registration of the candidate in case of revealing at the moment of submission of a declaration of the fact of a non-authenticity of the data on income and property declared by the candidate or his/her spouse according to the legislation of the Republic of Kazakhstan on struggle against corruption.


The refusal in registration or cancellation of registration can be appealed by the candidates to the corresponding court.


Two days prior to Election Day it shall be not allowed to cancel the decision on registration of the candidate or to re-register the candidate whose registration was cancelled.


8. The refusal of the Central Election Commission to register the candidate to President or cancellation of the decision on registration can be appealed within ten days personally by the candidate or the public association which has nominated a candidate to the Supreme Court which shall consider the appeal within ten days from the date of its submission. The decision of the Supreme Court shall be final.